CITY OF THE VILLAGE OF DOUGLAS ALLEGAN COUNTY, MICHIGAN ORDINANCE NO

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1 CITY OF THE VILLAGE OF DOUGLAS ALLEGAN COUNTY, MICHIGAN ORDINANCE NO AN ORDINANCE TO ESTABLISH REGULATIONS AND LICENSING REQUIREMENTS REGARDING MEDICAL MARIHUANA ACTIVITIES WITHIN THE CITY OF THE VILLAGE OF DOUGLAS An Ordinance to establish regulations and procedures to provide for the licensure and periodic renewal of sites for medical marihuana growing operations within the City of the Village of Douglas; to provide for an application process and fee; to provide for the review and approval, renewal, denial or revocation of licenses; to provide an appeal process; to provide for penalties for violations thereof; and to provide for other matters relating thereto. THE CITY OF THE VILLAGE OF DOUGLAS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2. Title. This ordinance shall be known and may be cited as the City of the Village of Douglas Medical Marihuana Licensing Ordinance. Findings. The City Council of the City of the Village of Douglas hereby makes the following findings: (a) Electors in the State of Michigan approved a referendum authorizing certain limited uses of marihuana for medical purposes. (b) Pursuant to voter approval, the Legislature enacted Initiated Act 1 of 2008, MCL , et seq. (the Act ). (c) The Act authorizes a narrow exception to prosecution under state laws which criminalize the cultivation, distribution, possession and use of marihuana. (d) The cultivation, distribution, possession and use of marihuana remains criminalized under Federal law. (e) The cultivation, distribution, possession and use of marihuana under the Act, if not closely monitored and licensed, may result in an increase in illegal activities within the City of the Village of Douglas jeopardizing the health, safety and welfare of the general public, persons properly licensed under the Act and law enforcement officers.

2 Section 3. Purpose. The purpose of this ordinance is to provide reasonable regulations regarding activities carried out pursuant to the Act and in keeping with the general character of the surrounding land uses by individuals properly registered with the State of Michigan pursuant to said act within the City of the Village of Douglas so as to provide reasonable locations for licensed activities and to protect the health, safety and welfare of such individuals, the general public and law enforcement officers. Section 4. Definitions. a. Marijuana : means marihuana as it is referred to in the Michigan Medical Marihuana Act of 2008 (the Act ), and as defined in Section 7106 of the Public Health Code, 1978 PA 368, MCL b. Medical Marijuana Growing Operation : A facility where a Primary Caregiver who is legally registered by the Michigan Department of Licensing and Regulatory Affairs may lawfully assist up to (5) qualifying patients who are also legally registered by the Department with the growing of medical marijuana in accordance with the Michigan Medical Marihuana Act of Any facility involved in the growing of more than 12 plants on one property parcel shall be classified as a growing operation. c. Medical Use : means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer or transportation of marijuana or paraphernalia relating to the use of marijuana to treat or alleviate a registered qualifying patient s debilitating medical condition. d. Primary Caregiver : A person who is at least 21 years old and has agreed to assist a qualifying patient, to whom he or she is connected through the Michigan Department of Licensing and Regulatory Affairs registration process for the use of medical marihuana in accordance with State law. e. Qualifying Patient : A person who has obtained a valid registration card from the Michigan Department of Licensing and Regulatory Affairs allowing them to possess and purchase medical marijuana. f. City : means City of the Village of Douglas. 2

3 Section 5. Section6. Section 7. Cultivation, Distribution, Possession or Use of Marihuana Prohibited. Nothing in this ordinance shall be construed as permitting the cultivation, distribution, possession or use of marihuana within the City except for in strict compliance with the Act and the rules promulgated by the Michigan Department of Licensing and Regulatory Affairs. License Required. The use of property as a Medical Marijuana Growing Operation shall require the submittal and approval of a license issued by the City Clerk and in accordance with the zoning criteria of section 26.XX and all standards of this ordinance. Application for License. Applications for licenses required by this ordinance shall be submitted upon forms provided by the City Clerk, which shall be signed and verified under oath by the applicant, and which shall be accompanied by the appropriate nonrefundable application fee as set by resolution of the City Council. Applications for licenses shall contain or set forth the following minimum information: (1) The name, address, date of birth, and telephone number of the applicant. (2) The street address of the site proposed to be licensed. (3) Evidence that the site proposed to be licensed complies with the City s zoning ordinance relative to such use. (4) The length of time for which the license is sought, if less than one year. (5) A copy of the applicants computerized criminal history (CCH). (6) A site plan, survey, or sketch of the site proposed to be licensed. (7) A description of how the applicant intends to comply with the Act s requirement that marijuana be kept in an enclosed, locked facility. Section 8. Section 9. Inspections. Upon receipt of an application, the City Clerk may request the assistance of city officials and consultants to determine that the premises comply with the provisions of this ordinance and any other ordinances of the City, including the City s zoning ordinance. Inspections should be scheduled within 30 days of receipt of a complete application and prior to issuance of a license. Issuance of License; Term; Standards for Approval. The City Clerk shall issue a license in response to an application which satisfies the requirements of this ordinance and is accompanied by the appropriate application fee. A license shall be valid for a term of no more than one (1) year from the date of issuance. The City Clerk shall deny the issuance of a license under the following conditions: (1) The application is incomplete in any manner. (2) The applicant is less than twenty-one (21) years of age. 3

4 (3) Verification of any of the information required on the application shows the information provided by the applicant to be fraudulent, a misrepresentation, a false or untrue statement. (4) A license for the applicant has been previously revoked. (5) An investigation through an appropriate law enforcement agency shows a pattern or history of criminal behavior. (6) The applicant s CCH shows a conviction for a felony. (7) The applicant s CCH shows a conviction for an activity that may pose a threat or a danger to the residents of the City should a license be granted (By way of example, but not exclusively, disturbing the peace, assault and battery, simple assault, domestic violence, stalking, theft, dishonesty or deception, fraud, obstruction of justice, disorderly conduct, criminal sexual conduct, trespassing, or breaking or entering). Section 10. Section 11. Section 12. Denial of License; Appeal Process. Any person whose application for a license has been denied shall have the right to petition the City Council for an appeal. Within sixty (60) days of receipt of a petition for appeal, the City Council shall set a date for a public hearing. The City Clerk shall send by certified mail notice of the date, time and location of the public hearing to the applicant at the address shown on the petition for appeal, at least seven (7) days prior to the public hearing date. At the public hearing, the applicant shall have the right to appear and present evidence in support of the application. Within sixty (60) days after the public hearing, the City Council shall submit to the applicant its written determination regarding the appeal. The City Council determination shall be based upon competent, material and substantial evidence. Renewal of License. A license issued pursuant to this ordinance shall expire after a period of one year and may be renewed annually. Applications for renewal of a license shall be submitted pursuant to the same process as an application for a new license except that a public hearing and planning commission approval shall not be required unless otherwise stipulated. Applications for renewal of a license may not be submitted earlier than ninety (90) days prior to the expiration date shown on the current license. Revocation of License; Appeal Process. A license issued by the City Clerk may be revoked by written notice of the City Clerk sent by certified mail to the applicant at the address shown on the application upon a determination by the City Clerk of any of the following: (1) The licensed site fails to comply with the City s zoning ordinance. (2) Any of the information required on the application shows the information provided by the applicant to have been fraudulent, a misrepresentation, a false or untrue statement. 4

5 (3) The applicant has been convicted of any felony. (4) Any violation of this ordinance. (5) Any person who wishes to appeal the revocation of a license shall follow the appeals process described in Section 10 above. Section 13. Section 14. Section 15. Section 16. Section 17. Section 18. Surrender of License upon Demand. The license shall be surrendered on demand to any law enforcement officer based upon probable cause by the officer that the license or licensed premises is being used in violation of this ordinance. Within five (5) business days of the surrender of any license, the City Clerk shall either revoke the license pursuant to Section 12 of this ordinance, or return the license to the applicant. Violations and Penalty. Any person who violates the provisions of this ordinance shall be guilty of a misdemeanor and may be fined not more than five hundred ($500) dollars or imprisoned for not more than ninety (90) days, or both, at the discretion of the court. Severability; Paragraph Headings. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. The paragraph headings in this Ordinance are furnished for convenience of reference only and shall not be considered to be part of this Ordinance. Repealer. All other ordinances or portions of ordinances inconsistent with this Ordinance are hereby repealed. Publication. Within fifteen (15) days of its adoption, this Ordinance or a notice of adoption summarizing this Ordinance, as required by law, shall be published by the City Clerk in a newspaper of general circulation in the City. Effective Date. This Ordinance shall become effective twenty (20) days after the date of publication. Ordinance Offered by: Councilperson Greenwood Ordinance Supported by: Councilperson Harvath 5

6 Ayes: Greenwood, Harvath, Hoexter, Japinga, Smith, Wiley Nays: None Abstain: None Absent: Bailey ORDINANCE DECLARED ADOPTED. James I. Wiley, Mayor Date Jean E. Neve, City Clerk Date Ordinance Adoption Date: May 6, 2013 Ordinance Effective Date: June 1, 2013 (20 days after adoption and publication). 6

7 CERTIFICATE I hereby certify that the foregoing Ordinance was adopted by the City Council of the City of the Village of Douglas at a regular meeting held on May 6, 2013 and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the City Charter and the Open Meetings Act, Public Act 267 of 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. Jean E. Neve, City Clerk 7